Vandergrift City Zoning Code
ARTICLE V
Special Exception Uses
§ 500-25 General criteria.
B.
Any application for a special exception use shall demonstrate that:
(1)
The use will not endanger the public health and safety if located where proposed and will not deteriorate the environment or generate nuisance conditions.
(2)
The use can be accommodated on the site with none or only minimum variances required.
(3)
The use is compatible with or will support the uses in the neighborhood of the site.
(4)
The use does not require substantial earthmoving, revision of drainage patterns, or create excessive traffic congestion or substantial increase in stormwater flow.
(5)
Off-street parking is provided as required by § 500-19 of this chapter, and areas not covered by buildings or paved are landscaped and maintained.
(6)
Access to parking lots are located as remote as possible from nearby street intersections and adequate sight distances are available at access points for motorists entering and leaving the property proposed for the use.
§ 500-26 Procedure for review.
A.
A developer proposing a special exception use shall submit to the Zoning Officer five copies of the following materials:
(1)
A written statement supporting the general criteria outlined in § 500-25B above and describing in detail the proposed use;
(2)
A scaled illustrative site plan showing the arrangement of the proposed use on the site, including property lines, setback lines, uses on adjacent properties, abutting streets, buildings existing and proposed on the site by use and height, points of access into the site, internal driveways, parking area layout with number of spaces noted, freestanding signs, areas of earthmoving with grade of finished slope noted, means of disposing of stormwater, proposed landscaping and other pertinent information.
(3)
The Zoning Officer may waive parts of the site plan submission that are clearly irrelevant in a particular case.
B.
The Zoning Officer shall arrange for a public hearing pursuant to public notice to be scheduled before the Zoning Hearing Board not later than 60 days after receipt of the application.
D.
The Board may ask the Planning Commission or Borough Council for recommendations before making a decision. In addition the Board may attach such reasonable conditions and safeguards to approval as it may deem necessary to implement the purposes of this chapter.
E.
If the Board grants approval, it shall authorize the Zoning Officer to issue a building permit for the proposed development. If conditions are attached to approval, they shall be noted on the building permit.
§ 500-27 Criteria for judgment of specific uses in residential zone districts.
A.
Church, including church hall, education building (all residential districts).
(1)
Such use shall front on a street with a paved width of at least 32 feet.
(2)
Any vertical wall of a church building exceeding 30 feet in height shall be set back from an adjacent property containing a dwelling not less than 10 feet plus one foot for each two feet of wall height exceeding 30 feet.
(3)
There shall be no dwelling on the property other than the residence of the congregation's minister, priest or rabbi.
B.
Home occupation (all residential districts).
(1)
The occupation may occur in a single-family dwelling or in a dwelling in a two-family building, but not out of doors or in accessory structures.
(2)
It shall be conducted by the residents of the dwelling with no other employees, and there shall be no display of the business visible from the street except for an unlighted sign.
(3)
No changes to the exterior of the dwelling shall be made to accommodate the occupation.
(4)
No more than 1/2 of one floor in the dwelling shall be used for the business.
(5)
The occupation shall be of an office or personal service nature with clients seen by appointment only, and any retail sales shall be incidental. Any repair service shall be available only on items that can be carried in by an individual.
D.
Garden apartment building (R-3 Zone District).
(1)
This subsection applies to new buildings on their own lots.
(2)
Off-street parking may be pull-in spaces off a rear alley, but such parking shall be on the same property as the building served and shall be paved.
(3)
Each apartment shall contain at least 360 square feet of floor area plus at least 120 square feet for the first bedroom and at least 70 square feet for each additional bedroom.
E.
Attached single-family dwellings (R-3 Zone District).
(1)
This subsection applies to new buildings on their own lots.
(2)
Off-street parking may be pull-in spaces off a rear alley, but such parking shall be on the same property as the building served and shall be paved.
(3)
Each dwelling shall be at least 18 feet wide between centers of party walls, and the average of a group of attached dwellings shall be at least 20 feet.
(4)
No more than eight dwellings shall be in an attached group.
(5)
Each dwelling shall have front and back entrances at grade.
F.
Convalescent or retirement home (R-3 and R-4 Zone Districts).
(1)
A convalescent or nursing home is a facility for long-term care requiring skilled monitoring of the patients who are mainly bedridden. A retirement home is a permanent residence designed and maintained for the elderly, including special facilities to support the elderly but medical services only as an incidental element.
(2)
The institution shall be accredited by the commonwealth and be the sole occupant of the property.
(3)
Parking, lot size, setback and height limitations shall determine the maximum occupancy of the institution, but in no case shall the number of beds or residents exceed the lot area divided by 1,000 if the lot is in the R-2 or R-3 District or divided by 800 if in the R-4 District.
G.
Boarding or lodging home (R-3 and R-4 Zone Districts).
(1)
Any single-family dwelling or dwelling in a two-family building may also accept individual boarders or lodgers not exceeding two in number.
(2)
The name of each boarder and lodger shall be filed with the Zoning Officer as well as the dates that each boarder and lodger arrives at and leaves the facility.
(3)
One off-street parking space shall be provided on the lot for each boarder or lodger.
H.
Foster care or halfway house (R-3 and R-4 Zone Districts).
(1)
The facility shall be in a single-family dwelling converted for the purpose.
(2)
It shall be operated by an agency licensed by the commonwealth and shall accept only persons placed by court order or by an agency of Westmoreland County or the commonwealth.
(3)
No two such facilities shall be within 2,000 feet of one another.
(4)
Trained staff shall be on the premises whenever residents are there.
I.
Nonprofit community club or national fraternal, social or service organization (R-2, R-3 and R-4 Zone Districts).
(1)
The club, with required off-street parking, shall be the sole occupant of the lot.
(2)
No dwelling shall be included on the lot, except that an apartment for the club manager or caretaker may be provided in the clubhouse.
(3)
The club shall be incorporated or chartered under the laws of the commonwealth.
J.
Day-care center (R-3 and R-4 Zone Districts).
(1)
The facility shall be in a single-family dwelling or in a building operated by a public or semipublic agency, such as a church or social service organization.
(2)
The center shall be approved by the Westmoreland County Department of Health and the State Department of Human Services.
(3)
It shall have a capacity of not more than eight pre-school-age children or dependent adults if in a single-family dwelling, and a capacity as determined by the County Health Department if in other facilities.
(4)
No overnight accommodations shall be provided.
L.
Landscaped parking lot for adjacent or nearby business (R-3 and R-4 Zone Districts).
(1)
The lot shall be surrounded by a dense evergreen hedge, except where the lot abuts or is directly across the street from a commercial or industrial zoned lot and at the places of access to the lot. The hedge shall be maintained at a height of not less than four feet or more than six feet. The edge of the lot paving shall be set back from an abutting street at least 25 feet or the average setback of dwellings on either side, and the open area thus created planted and maintained.
(2)
The lot may have no more than one sign at each entrance, not greater than four square feet in area, indicating the ownership and the use of the lot. Such sign may be illuminated from an indirect source if the lot is to be open after dark.
§ 500-28 Criteria for judgment of specific uses in commercial zone district.
A.
Automobile or truck sales and service.
(1)
The business shall be conducted from a permanent enclosed building.
(2)
Outdoor display areas shall be paved, drained and lighted the same as for parking lots.
(3)
Service shall be limited to dealer preparation, periodic maintenance and repair for vehicles sold by the business.
(4)
Sale of used vehicles shall occur only as an incidental part of a new car or truck sales business.
(5)
Where the outdoor sales and parking area abuts a public street across which are the fronts of other properties or abuts a residentially used property along a common side or rear line, such area shall be screened by a dense evergreen hedge along its entire length, maintained at a height of not less than four feet nor more than six feet.
B.
Automobile service station.
(1)
Pump islands shall not be closer than 10 feet to any street right-of-way. Overhanging canopies shall not extend over a right-of-way.
(2)
Sufficient space shall be provided on each side of each pump island to accommodate at least three vehicles being serviced or awaiting service.
(3)
Access points to the property shall be limited to no more than two, each not greater than 35 feet in width at the property line and each as remote as possible from street intersections.
(4)
All hoists, pits, lubricating, greasing, washing and repair facilities shall be entirely within an enclosed building.
(5)
Waste greases and oils shall be collected in containers for disposal off the property. Discarded car parts shall be stored within the station building for periodic disposal.
(6)
Services performed on the premises shall not include spray painting, major engine overhaul, bodywork or tire recapping.
C.
Automobile repair business.
(1)
Derelict, damaged or junked cars and discarded parts shall be stored within an enclosed building or completely surrounded by a solid fence or solid fence and building on the property at least five feet high.
(2)
Welding, spray painting or hammer work shall be done in enclosed spaces. Light from welding, odors from painting and noise from bodywork shall be controlled in the building.
(3)
No such operation shall be approved if it abuts or is directly across the street from a residential zone or use.
D.
Beverage distributor, drive-through or drive-up banking.
E.
Fast-food restaurant or quick-stop shop.
(1)
Circulation of vehicles using take-out windows and those parking to enter the building shall be clearly designated for motorists on the property. No service shall be provided to motorists while parked on a public street.
(2)
All maneuvering of vehicles shall occur entirely on the property, except that a public alley may be used at the discretion of the Board.
(3)
The management shall provide wastepaper containers conspicuously around the parking area, and discarded materials shall be picked up from the property on a regular basis.
(4)
Sale of gasoline may be permitted, provided pump islands and vehicles being serviced do not interfere with circulation of other vehicles on the property.
(5)
The Board may attach limitations on the hours of operation.
G.
Retail, commercial, service or office use similar to and compatible with the principal permitted uses.
(1)
The business shall be conducted entirely from within a permanent enclosed building except for special sales that may be approved on an individual basis by Borough Council.
(2)
No products or residue from the business shall be stored outside.
(3)
The building required for the use shall be substantially similar in size and appearance to buildings containing permitted uses.
(4)
The hours of operation shall be similar to those of permitted businesses.
H.
Light manufacturing in the C-2 Zone District.
(1)
Store windows on the business street shall be used for display of finished products available for sale on the premises and shall not be boarded up or removed.
(2)
The manufacturing of jewelry and apparel, custom cabinetmaking, upholstery and repair of furniture, and dry cleaning or machine laundry shall be considered acceptable operations under this category, but similar light manufacturing may be considered.
(3)
The proposed use shall have been approved by the State Department of Labor and Industry and the Fire Marshal prior to the issuing of an occupancy permit.
(4)
No such operation shall be permitted that abuts or is directly across the street from a residential zone or use.
(5)
Dust and other residue from the operation shall be collected within the building and disposed of off the premises on a regular basis by contract hauler.
(6)
Machinery shall be isolated structurally from the building to dampen vibration, and noisy machinery shall be within insulated enclosures.
(7)
No part of the building shall be used for residential purposes except for the apartment of the owner or operator.
I.
Outdoor dining in C-1 and C-2 Zone Districts.
[Added 1-3-2012 by Ord. No. 5-2012]
(1)
Outdoor dining shall be permitted for restaurants; namely the restaurants permitted under § 500-13 of this chapter, specifically restaurants without takeout as a major portion of the business.
(2)
Outdoor dining that encroaches on the sidewalk fronting the restaurant in questions shall be permitted as long as not less than three lineal feet of usable sidewalk (width) remains between the furthest edge of the outdoor dining area and the curb of the street in front of the restaurant.
(3)
The outdoor dining area shall be bordered by a removable confinement system, which shall be removed and shall be stored in an area which is not visible to public view when the outdoor dining area is not in use.
(4)
When not in use, for seasonal reasons or when the restaurant is closed, no tables or chairs shall encroach on the sidewalk and, at all such times, shall be removed from the exterior of the property and removed from public view for storage.
(5)
No part or portion of the outside dining area shall extend onto the sidewalk fronting on any other business or businesses unless said structure is owned by or leased by the restaurant or the owner thereof.
(6)
No additional outside signage, lighted or unlighted, shall be permitted in any outdoor dining area, and any lighting utilized for the outdoor dining area shall be limited to table-top lighting.
(7)
The area identified for outdoor dining shall be restricted to outdoor dining, and no entertainment or audio or video shall be transmitted into the outdoor dining area or on or around the public sidewalk area surrounding the outdoor dining area.
(8)
Service of alcoholic beverages shall be restricted to the limitations imposed by the Pennsylvania Liquor Control Board for the specific restaurant in question, and at no time shall any alcoholic beverages be permitted outside of the removable confinement system as identified is Subsection I(3).
(9)
The outdoor dining area shall only be available to the restaurant in question during daylight hours and dinner hours, and at no time shall the area be utilized for outdoor dining after 10:00 p.m. The provisions of Subsection I(3) and (4) with regard to the removal of the confinement system and the tables and chairs shall be applicable.
§ 500-29 Criteria for judgment of specific uses in Industrial Zone District.
A.
Manufacturing or light industrial uses similar to and compatible with those listed as principal permitted uses.
(1)
The manufacturing process or any other business shall be conducted entirely within an enclosed building.
(2)
The process shall produce a product from components that have been prepared from raw materials elsewhere.
(3)
Finished products may be stored outside, but components or materials used in the process or residue from the process shall be stored inside or behind a completely enclosed fence at least five feet high.
B.
Bulk fuel storage and distribution.
(1)
Fuel storage shall be limited to home heating fuel oil and propane gas only.
(2)
Aboveground storage tanks shall be surrounded by dikes enclosing sufficient volume to contain the contents of the tanks if ruptured.
(3)
Tanks shall be set back at least 100 feet from the nearest property line and 200 feet from any dwelling.
(4)
No residue or runoff from any tanks or distribution or loading process shall be permitted to enter the ground or drain off the property.
(5)
Approval of the proposed facility shall have been given in writing by the appropriate state agency or agencies before the Borough may issue a building permit.
C.
Auto wrecking yard.
(1)
Yards shall be surrounded by a solid fence at least five feet high. Natural topography which completely hides the yard from adjacent or nearby residential properties and streets may be substituted.
(2)
An acceptable plan to control rodent infestation and to process and dispose of wrecked vehicles and parts shall be provided and approved.
(3)
The business shall be operated from a permanent building on the site.
(4)
The business shall not include the storage or accumulation of tires, waste oils or grease or other inflammable or toxic substances.
(5)
No such business shall be permitted abutting a residential zone or use.
D.
Adult entertainment facilities.
[Added 4-14-2003 by Ord. No. 3-2003]
(1)
In passage upon a special exception application for an adult entertainment facility, the Zoning Hearing Board shall require the following:
(a)
Adult entertainment facilities shall be permitted only in the Industrial District.
(b)
Adult entertainment facilities shall not be permitted to be located within 1,000 feet of another adult entertainment facilities or of any public or private school, day-care center, nursery school, public recreation facility, or any church or other house of worship.
(c)
No materials, merchandise, film, videotape or any other item offered for sale, rent, lease, loan or view upon the premises, or advertising same, shall be exhibited, displayed or visible outside of the building or structure.
(d)
Any building or structure used or occupied as an adult entertainment facility shall be windowless or have an opaque covering over all windows or doors or any area in which materials, merchandise, film or persons could otherwise be visible from outside the building or structure.
(e)
No sign shall be erected or placed upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, videotape or entertainment offered therein.
(f)
Each entrance to the premises shall be posted with a notice of at least four square feet, specifying that the structure is an adult entertainment facility, that persons under the age of 18 years are not permitted to enter therein, and warning all other persons that the building contains sexually explicit material.
(g)
The applicant must provide a sketch or diagram showing the floor plan of the premises, including the total floor space, and the location of the building on the lot.
(h)
The adult entertainment facility shall comply with all other Borough ordinances or federal, state or county requirements.
(2)
Once a special exception has been granted by the Zoning Hearing Board, the applicant shall apply to the Zoning Officer for a permit.
(3)
Issuance of permit. The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application which complies with Subsection D(2) above, unless he or she finds one or more of the following:
(a)
An applicant is under the age of 18 years of age.
(b)
An applicant or his or her spouse is overdue in their payment to the Borough of taxes, fees, fines or penalties assessed against him or her in relation to the adult entertainment facility or the property on which it is or is to be located.
(c)
An applicant has failed to provide information reasonably necessary for the issuance of the permit or has falsely answered a question or request for information on the application form.
(d)
An applicant is residing with or married to a person who has been denied a permit by the Borough to operate an adult entertainment facility within the preceding 12 months or is residing with a person whose license to operate an adult entertainment facility has been revoked within the preceding 12 months.
(e)
The premises to be used for the adult entertainment facility are not in compliance with this chapter or any other ordinance of the Borough.
(f)
The permit fee required by this chapter has not been paid.
(g)
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of the chapter.
(h)
An individual applicant or any individual holding a direct or indirect interest of more than 10%, or a corporate applicant or any of the officers or directors of a corporate applicant, or any of the partners, including limited partners of a partnership, or the manager or other person in charge of the operation of the business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania, within two years of the date of the application in the event of a misdemeanor and within five years of the date of an application in the event of a felony.
(i)
The proposed activities violate any federal or state law regarding sexual conduct, sexually explicit nudity, obscenity or pornography.
(j)
If the Zoning Officer or Codes Enforcement Officer denies a license or denies the renewal of a license, the application shall not be issued a permit for one year from the date of denial, except that the applicant can reapply after he or she has corrected or cured the defects which caused denial.
(4)
A permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment facility. The permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment facility so that it may easily be read at any time.
(5)
Each permit shall be for a period of one year, shall be renewable on an annual basis, shall be renewable only upon application by the applicant, and must at the time of application comply with all of the conditions of this section.
(6)
The applicant shall pay an annual fee for the adult entertainment facility in the amount of $500.
(7)
Inspection. An applicant or permittee shall permit representatives of the Borough, including the Zoning Officer, Codes Enforcement Officer, or other designated Borough officials, and members representative of the Police Department serving the Borough, to inspect the premises of an adult entertainment facility for the purposes of ensuring compliance with this chapter and the law at anytime that the adult entertainment facility is occupied and open for business. A failure or refusal to permit such inspection shall be the basis for revocation or suspension of the permit and shall constitute a violation of this chapter.
(8)
Suspension or revocation of permit.
(a)
The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he or she determines that a permittee or an employee of a permittee has:
[1]
Violated or is not in compliance with any section of the chapter;
[2]
Engaged in excessive use of alcoholic beverages while on the adult entertainment facility's premises;
[3]
Refused to allow an inspection of the adult entertainment facility premises as permitted by this section; and
[4]
Knowingly permitted gambling by any person on the adult entertainment facility premises.
(b)
Revocation of permits. The Zoning Officer shall revoke a permit if he or she determines that a permittee or an employee of a permittee has:
[1]
Been arrested for or charged with violating any law of the Commonwealth of Pennsylvania relating to sexual conduct, sexually explicit nudity, obscene material or pornography, or the Liquor Code, or the Pennsylvania Crimes Code relating to gambling, on the premises of the adult entertainment facility;
[2]
Such revocation shall be rescinded and the permit shall be reinstated in the event that the permittee or employee of a permittee is adjudicated or adjudged not guilty of such offense or is placed in the accelerated rehabilitative disposition program;
[3]
A permit shall be revoked if a cause for suspension occurs and the permit has been suspended or revoked within the preceding 12 months.
[5]
A revocation shall continue for one year, and the permittee shall not be issued an adult entertainment facility permit for one year, from the date revocation became effective except in the case of a revocation for conviction of a misdemeanor as described in Subsection D(3)(h), in which case the revocation shall be effective for two years, or a felony, as set out in Subsection D(3)(h), in which case the revocation shall be for five years.
(9)
Remedies. In addition to remedies for violation of this chapter, a person who operates or causes to be operated an adult entertainment facility without a valid permit or in violation of this chapter may be subject to an action in equity or a suit for injunction or such other actions as shall be permitted by law, at the discretion of the Borough.
§ 500-30 Telecommunications tower and antenna.
[Added 4-14-2003 by Ord. No. 2-2003]
A.
A telecommunications antenna which is attached to an existing communications tower, smokestack, water tower or other tall structure shall be a conditional use in the Industrial (I) Zoning District, subject to the following regulations, and only after review and recommendation by the Vandergrift Borough Planning Commission and final approval by the Council of Vandergrift Borough. Telecommunications antennas shall be prohibited in all other zoning districts.
(1)
If a communications antenna is proposed to be attached to an existing structure, there shall be no minimum building setback requirement for the telecommunications antenna.
(2)
If a telecommunications antenna is proposed to be attached to an existing structure, the antenna shall be no more than 10 feet higher than the structure it will be mounted upon.
(a)
Before presenting the application to the Zoning Officer, the applicant shall be required to obtain approval, if applicable, from the Federal Aviation Administration if the proposed location of the antenna interferes with any airport zone or air trafficway as determined by the Federal Aviation Administration; provided, however, if the Federal Aviation Administration does not have the authority to approve the site location, antenna height and lighting, the applicant shall provide to the Borough written confirmation that the Federal Aviation Administration does not regulate the site location, antenna height and lighting.
(3)
If any accessory equipment building or structure is proposed to accommodate the telecommunications antenna, the following regulations shall be adhered to:
(a)
The building or structure shall be set back at least 50 feet from the street, all other property lines and public rights-of-way.
(b)
The maximum building height shall be 10 feet.
(c)
The accessory equipment building or structure shall be constructed on the exterior with brick, stucco or metal.
(d)
The accessory equipment building or structure shall not include any offices, long-term vehicle storage, other outdoor storage, or broadcast studios, except for emergency purposes or other uses that are not needed to send or receive transmissions.
(e)
The maximum gross floor area of the accessory building or structure shall be 150 square feet.
(4)
Lighting for the telecommunications antenna shall be in accordance with the following regulations:
(a)
Lighting shall be required for the tower as a safety measure for low-lying aircraft. The proposed lighting plan for the tower shall be approved by the Federal Aviation Administration. The lighting plan for the tower shall be oriented in a manner so as not to unnecessarily project onto surrounding residential property.
(b)
Any proposed security lighting for the accessory equipment building or structure shall be minimized as much as possible. Also, no lighting proposed shall project onto adjoining properties.
(5)
If any new access to the site is proposed, the following regulations shall be adhered to:
(a)
Where the site abuts or has a primary arterial and/or local street, access for maintenance vehicles shall be exclusively by means of the primary arterial street. If possible, direct access from a local street shall be avoided.
(b)
At least one parking space shall be provided at the site.
(c)
The access drive to the site shall be at least 15 feet in width and improved with material acceptable to the Borough Engineer. No access drive shall be of dirt or of an unimproved nature.
(6)
If deemed necessary by the Council of Vandergrift Borough, fencing and/or signage may be required in accordance with the following regulations.
(a)
If fencing is required, it shall be a minimum of six feet in height and shall have a locked gate.
(b)
If high voltage is provided at the site, signs shall be posted at intervals of not more and 20 feet along the exterior perimeter of the site. The signs shall say "Danger – High Voltage," and the words shall be legible from a distance of 20 feet.
(c)
Any fencing that is required shall be chain-linked in nature and shall be of a minimum density necessary to be considered, at minimum, heavy-gauge chain-linked fence.
(7)
The owner of said tower shall be required to post with the Borough a bond equal to the cost of removing a telecommunications antenna and shall remain in full force and effect until said antenna is removed. Any abandoned or unused telecommunications antenna shall be removed by the owner within 12 months of the date that the antenna was abandoned or last used. If a telecommunications antenna is abandoned, the owner shall be required to immediately notify the Borough in writing of the abandonment. If the owner fails to do so within 30 days of the abandonment, the Borough shall be permitted to deem the same abandoned, and the owner shall be required to file an application and reappear before Council before restarting the use of said antenna if the same occurs following the notice to the owner by the Borough at the last known address of the owner by regular United States Mail, postage prepaid, and within 12 months, as identified in this chapter. If an abandoned or unused telecommunications antenna is not removed within the twelve-month period so identified, the bond shall be immediately forfeited and shall be utilized by Vandergrift Borough for removal of the antenna in question.
(8)
If only a telecommunications antenna is proposed, and no accessory buildings will be located on the site, no landscaping plans shall be required. However, if any accessory buildings are proposed in conjunction with the telecommunications antenna, landscaping shall be required as follows:
(a)
The entire perimeter of the site shall be landscaped with trees, shrubs, plants and/or flowers. At least one tree shall be provided for every 20 feet of exterior linear property distance. The trees may be evenly placed or may be grouped together to provide a creative site design. If trees are grouped, other areas of the exterior property lines which are not provided with tree landscaping shall be provided with other landscaping, such as shrubs, in order to provide for the full landscaping of the exterior property lines.
(b)
The perimeter of any accessory buildings or structures shall be landscaped with trees, shrubs, plants and/or flowers. The landscaping shall be adequate to cover outward-facing walls of the accessory building or structure.
(c)
For the above-specified landscaping, a mixture of hardy flowering, shade and/or decorative evergreen and deciduous trees may be planted. If feasible, species of plants which are native to the western Pennsylvania region shall be utilized. At all times, the flowers, trees, shrubs or landscaping shall be maintained and shall not be permitted to overgrow, nor shall weeds and tall grass be permitted. The owner shall be responsible to maintain the site at all times, keeping the site free and clear of debris, high grass and weeds throughout the landscaping or deterioration of any of the buildings or the telecommunications antenna.
(9)
A site plan shall be required for any proposed telecommunications antenna.
(10)
In addition to the conditional use approval, all applicants who propose a telecommunications antenna shall submit for approval to the Borough a detailed site plan, including antenna location, height and design, proposed access, drainage improvements with a stormwater management plan, and a landscaping plan.
(11)
The Borough may impose additional conditions on an applicant proposing to install a telecommunications antenna in order to promote the general health, safety, and welfare of the community.
(12)
An applicant proposing a telecommunications antenna shall have the burden of satisfying all other provisions of this chapter which relate to the procedure and general requirements for approval of conditional uses.
B.
Telecommunications towers and antennas shall only be permitted as a conditional use in an Industrial (I) District subject to the following regulations and only after review and recommendation by the Vandergrift Borough Planning Commission and final approval by Council of Vandergrift Borough. Telecommunications towers shall be prohibited in all other zoning districts. The applicant who proposes to construct a new telecommunications tower shall provide the Borough with written technical documentation from a design engineer that the proposed location of the tower is necessary to complement the existing telecommunications network. Any other location contemplated by the applicant shall also be disclosed to the Borough, and the reasons for not selecting such location shall be explained to the Borough in writing. Before an applicant proposes to construct a new telecommunications tower, the applicant shall attempt to locate and/or "co-locate" the proposed antenna on an existing telecommunications tower or other tall structure. The procedure for this co-location requirement shall be followed by all applicants proposing a new telecommunications tower and is described in Subsection B(1) below.
(1)
The applicant shall contact all owners of surrounding telecommunications towers and tall structures within one mile of the proposed location of the telecommunications tower in order to determine if the proposed telecommunications antenna can be located on an existing telecommunications tower or tall structure. The applicant shall provide the Borough with a scale map indicating the location of the proposed tower, illustrating a one-mile radius from the tower, and illustrating any structure with a height in excess of 60 feet within this one-mile radius.
(a)
If there is a structure within the aforesaid radius with a height in excess of 60 feet, the applicant shall contact the owner and attempt to locate the tower structure. The following factors shall be considered in determining if the telecommunications antenna can be located on an existing structure:
(b)
The applicant shall provide the Borough with the initial written correspondence from the applicant to the owner of the structure, which inquires into the possibility of sharing space. Additional correspondence from the applicant or an owner of a structure shall be forwarded by the applicant to the Borough.
(c)
The applicant who can utilize any existing structure (in excess to 60 feet in height) shall make every effort in good faith to utilize the existing structure rather than constructing a new tower.
(d)
If an existing structure is within the aforesaid radius of the proposed tower, and the applicant does not contact the owners of such structure, or does not make good faith efforts as described above, the Borough may deny the request for a conditional use approval based on such inaction.
(2)
If the applicant proposing a new telecommunications antenna is not bound by the aforementioned co-location requirements (due to inapplicability of available sites), the following design criteria shall be adhered to.
(a)
The following building dimensional requirements and setbacks shall be adhered to by all telecommunications towers.
[1]
Towers more than 40 feet in height and up to 200 feet in height shall be located on the lot so that the distance from the base of the tower to the boundary or edge of any adjoining property or public right-of-way is a minimum of 100% of the proposed tower height. No variance shall be granted from the minimum setback requirement. The lot in question shall be at least one acre in size.
[2]
Towers shall be set back a distance equal to 125% of their height from any existing building used for human habitation or used or occupied by humans on a regular basis.
[3]
In addition to the regulations specified above, any proposed telecommunications tower shall be set back a minimum of 500 feet from any existing residential dwelling.
(b)
The maximum height of a telecommunications tower shall be as follows:
[1]
No telecommunications towers shall exceed 200 feet in height.
[2]
In addition to the above-specified requirement in Section B(2)(b)[1], no telecommunication tower shall infringe on any Federal Aviation Administration controlled airspace.
[a]
Any tower proposed which may infringe on any Federal Aviation Administration controlled airspace requires written approval of the site location and plan by the Federal Aviation Administration.
[b]
If the Federal Aviation Administration does not desire to approve the site location, tower height and lighting, the applicant shall provide the Borough with written confirmation from the Federal Aviation Administration that it does not regulate the site location, height and lighting of the telecommunications tower.
(c)
The minimum lot size of a lot which will contain a telecommunications tower shall be one acre. The minimum lot size shall be increased, as required, to meet the minimum setback requirements specified in Subsection B(2)(a).
(d)
If any accessory equipment building or structure is proposed with the telecommunications tower, the following requirements shall be adhered to.
[1]
The building or structure shall be situated at or near the base of the tower and shall be set back at least 50 feet from the edge or boundary line of any public right-of-way and all other adjoining property lines.
[2]
The maximum building height shall be 10 feet.
[3]
The accessory equipment building or structure shall be constructed on the exterior of brick, stucco or metal.
[4]
The accessory equipment building or structure shall not include any offices, long-term vehicle storage, other outdoor storage or broadcast studios, except for emergency purposes or other uses that are not needed to send or receive transmission.
[5]
The maximum gross floor area for the accessory building or structure shall be 150 square feet.
(e)
Access to the site and parking at the site of the telecommunications tower shall be provided as follows:
[1]
Where the site abuts or has access to a primary arterial road or local street, access for maintenance vehicles shall be exclusively by means of the primary arterial street. If possible, direct access from a local street shall be avoided.
[2]
At least one parking space shall be provided at the site.
[3]
The access drive to the site shall be a minimum of 15 feet in width and improved with the material suitable to the Borough Engineer. No access drive shall be of a dirt of an unimproved nature.
(f)
Lighting for the telecommunications tower shall be as follows:
[1]
Lighting shall be required for the tower as a safety measure for low-flying aircraft. The proposed lighting plan for the tower shall be approved by the Federal Aviation Administration. The lighting plan for the tower shall be oriented in a manner so as not to unnecessarily project onto surrounding residential property.
[2]
Any proposed security lighting for the accessory equipment building or structure shall be minimized as much as possible. Also, no lighting proposed shall project onto adjoining properties.
(g)
Depending on the proposed location of the communications tower, the Borough may require fencing and/or signage of the site.
[1]
If fencing is required, it shall be a minimum of six feet in height and shall have a locked gate. The fence shall be made of chained link, which shall be deemed and defined as heavy-gauge chain link.
[2]
If high voltage is provided at the site, a sign shall be posted at intervals of not more than 20 feet along the exterior perimeter site. The signs shall say "Danger – High Voltage," and the words shall be legible from a distance of 20 feet.
(h)
The owner of said antenna or tower shall be required to post, with the Borough a bond equal to the cost of removing a telecommunications antenna and shall remain in full force and effect until said antenna is removed. Any abandoned or unused telecommunications antenna shall be removed by the owner within 12 months of the date that the antenna was abandoned or last used. If a telecommunications antenna is abandoned, the owner shall be required to immediately notify the Borough in writing of the abandonment. If the owner fails to do so within 30 days of the abandonment, the Borough shall be permitted to deem the same abandoned, and the owner shall be required to file an application and reappear before Council before restarting the use of said antenna if the same occurs following the notice to the owner by the Borough at the last known address of the owner by regular United States Mail, postage prepaid, and within 12 months, as identified in this chapter. If an abandoned or unused telecommunications antenna is not removed within the twelve-month period so identified, the bond shall be immediately forfeited and shall be utilized by Vandergrift Borough for removal of the antenna in question.
[1]
The entire perimeter of the site shall be landscaped with trees, shrubs, plants and/or flowers. At least one tree shall be provided for every 20 feet of exterior linear property distance. The trees may be evenly placed or may be grouped together to provide a creative site design. If trees are grouped, other areas of the exterior property lines which are not provided with tree landscaping shall be provided with other landscaping, such as shrubs, in order to provide for the full landscaping of the exterior property lines.
[2]
The perimeter of any accessory building or structure shall be landscaped with trees, shrubs, plants and/or flowers. The landscaping shall be adequate to cover outward-facing walls of the accessory building or structure.
[3]
For the above-specified landscaping, a mixture of hardy flowering, shade and/or decorative evergreen and deciduous trees may be planted. If feasible, species of plants which are native to the western Pennsylvania region shall be utilized. At all times, the flowers, trees, shrubs or landscaping shall be maintained and shall not be permitted to overgrow, nor shall weeds and tall grass be permitted. The owner shall be responsible to maintain the site at all times, keeping the site free and clear of debris, high grass and weeds throughout the landscaping or deterioration of any of the buildings or the telecommunications tower.
(3)
A site plan shall be required for any proposed telecommunications tower.
(4)
In addition to the conditional use approval, all applicants who propose a telecommunications tower shall submit for approval to the Borough a detailed site plan, including tower location, height and design, proposed access, drainage improvements with a stormwater management plan, and a landscaping plan.
(5)
The Borough may impose additional conditions on an applicant proposing to install a telecommunications tower in order to promote the general health, safety and welfare of the community.
(6)
An applicant proposing a telecommunications tower shall have the burden of satisfying all other provisions of this chapter which relate to the procedure and general requirements for approval of conditional uses.